Ludovic R. Andre v. Frank Bisignano, Commissioner, Social Security Administration

Summary

This Magistrate Judge’s Report and Recommendations addresses a Social Security disability benefits action brought under 42 U.S.C. § 405(g). The court recommends granting the Commissioner’s unopposed motion for reversal and remand under sentence four of § 405(g) for further administrative proceedings.

Holdings

1. A sentence-four remand is appropriate where the court enters judgment reversing or modifying the Commissioner's decision and remands for further administrative proceedings; the magistrate judge recommended that this case be remanded under sentence four.

Questions Presented

1. Whether the case should be remanded to the Commissioner under sentence four or sentence six of 42 U.S.C. § 405(g).
2. Whether further administrative evaluation of the evidence warranted remand.

Disposition

other